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UNITED STATES v. MARSHALL

Nos. 450, 453 and 454, Dockets 71-1808, 71-1814 and 71-1815.

458 F.2d 446 (1972)

UNITED STATES of America, Appellee, v. Robert MARSHALL et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 23, 1972.

Attorney(s) appearing for the Case

Thomas R. Pattison, Asst. U. S. Atty., Brooklyn, N. Y. (Robert A. Morse, U. S. Atty., E. D. N. Y., David G. Trager, Asst. U. S. Atty., on the brief), for appellee.

Ivan S. Fisher, New York City (Alan Scribner, New York City, on the brief), for appellant Marshall.

Walter Coleman, Huntington, N. Y., for appellant Solina.

Richard A. Levy, New York City (Eisner & Levy, New York City), for appellant Guglielmo.

Before HAYS and OAKES, Circuit Judges, and CLARIE, District Judge.

CLARIE, District Judge:

All three appellants were convicted of bank robbery, 18 U.S.C. § 2113(d), after a jury trial before Chief Judge Mishler, and each was sentenced on July 9, 1971 to twenty-five years imprisonment. Appellant Guglielmo seeks a reversal of his conviction on the ground that his obstreperous and bizarre behavior during trial imposed a constitutional duty upon the trial judge to initiate further inquiry into his competency to stand trial. Appellants...

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